Is Protection of the Sage Grouse worth more Wilderness Designation?

Below you will find three documents. Thank you to ARRA for the overview provided, the second is the response from ORBA concerning a Discussion Draft by Senator Reid (D-NV) and the second is the body of language from that draft concerning creation of wilderness to protect the Sage Grouse. The document does not provide maps, a listing acres or location of a potential wilderness designation.

Provided by ARRA:

The Legislation Has Not Yet Been Formally Introduced as the Senators Are Seeking Input from Nevadans

Senators Harry Reid (D-NV) and Dean Heller (R-NV) jointly released draft legislation to address the sage-grouse issue in Nevada and are seeking public input from impacted Nevadans.  As you know, the potential listing of the sage-grouse as an endangered species could have a huge impact on access for multiple uses including recreation.
The discussion draft can be viewed here: http://www.reid.senate.gov/wp-content/uploads/2013/12/JAC136521.pdf
More information can be found here: http://www.reid.senate.gov/press_releases/2013-12-20-reid-heller-release-discussion-draft-on-greater-sage-grouse#.UtP5smCA1Mt
Both Senator Reid and Senator Heller have set up email addresses to accept public input.  Senator Reid’s office can be reached at sagegrouse@reid.senate.gov.  For Senator Heller’s office, send an email to sagegrouse@heller.senate.gov.
ARRA encourages you to take a look at the proposal and submit comments.  It would be beneficial to contact these offices and ask them to ensure that access for responsible recreation is preserved by this legislation.  Further, it is important to highlight that supporting documents from the U.S. Fish and Wildlife Service (FWS) cite factors other than recreation as the primary threats to the species.  For example, the FWS Fact Sheet on Endangered Species Act Listing Decision for the Greater Sage-Grouse dated March 5, 2010 notes; “The Service analyzed potential factors that may affect the habitat or range of the greater sage-grouse and determined that habitat loss and fragmentation resulting from wildfire, energy development, urbanization, agricultural conversion, and infrastructure development are the primary threats to the species.” While on the local level there may need to be consideration of how recreation impacts the sage-grouse on a case-by-case basis, there seems to be little science supporting recreation, including OHV recreational use, as a substantial factor affecting overall sage-grouse populations.
The following background and summary of the draft is from Senator Reid’s press release:
The U.S. Fish and Wildlife Service is required by a court order to make a decision whether to list the Greater sage-grouse by September of 2015. Greater sage-grouse habitat is in the sagebrush-steppe landscape that stretches over eleven Western states, including a large portion of the northern part of Nevada.
The draft legislation titled Nevada Sagebrush Landscape Conservation and Economic Development Act would conserve sage-grouse habitat by providing permanent protection in unresolved Wilderness Study Areas and Inventoried Roadless Areas—both of which are currently off-limits to development—that overlap with sage-grouse habitat by designation them as wilderness.  These areas of non-development will perpetually preserve a portion of sagebrush-steppe landscape that will help aid in the bird’s recovery. The proposal will also provide the option to restore and rehabilitate areas in need before they become Wilderness.
The proposal will also provide land for development purposes by conveying land at or above fair market value and provide for targeted conveyances of land for local government services and development of local economies. Because these proposals are not finalized, local governments are encouraged to submit proposals for land that is needed to grow their economies and community services.
It also directs the Secretary of the Interior to select geothermal development sites in several counties throughout Northern Nevada. These sites would benefit from advance permitting work that would allow quicker development of geothermal energy resources.
Finally, it would create a special account to fund the restoration and rehabilitation of sage-grouse habitat in Nevada. This special account would be funded through the land sales in this proposal and a conservation fee placed on new development in areas identified as sage-grouse habitat. The account will allow Nevada to address one of the primary concerns regarding the sustainability of sage-grouse habitat identified by federal agencies.

ORBA Response:

While we welcome all attempts to improve Sage Grouse populations and avoid the listing of the Sage Grouse on the Endangered Species list, we question the value of a Wilderness designation for protection of habitat areas.  We also believe there are better funding sources for the management of Sage Grouse habitat than the disposal of public lands, as the development of private lands is identified as a primary threat to the Sage Grouse.

A Wilderness designation would impair or completely prohibit many recreational activities that have been repeatedly found not to be a threat to Sage Grouse habitat.  The designation of habitat areas on public lands as Wilderness fails to address many identified threats to the Grouse such as fire management and invasive species issues.  Mechanical treatment has been found an effective management tool for invasive species in Sage Grouse and Sagebrush habitat. Designating habitat areas as Wilderness and providing an possible exception for mechanical treatment of invasive species does not assist in effectively managing habitat for the benefit of the Sage Grouse, but rather provides for another layer of planning and analysis that would add cost and delay in Sage Grouse management.

 

JAC13652 DISCUSSION DRAFT S.L.C.
113TH CONGRESS
1ST SESSION S. ll
To provide for the protection of sage-grouse habitat, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. REID (for himself and Mr. HELLER) introduced the following bill; which
was read twice and referred to the Committee on llllllllll
A BILL
To provide for the protection of sage-grouse habitat, and
for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Nevada Sagebrush Landscape Conservation and Eco6
nomic Development Act of 2013’’.
7 (b) TABLE OF CONTENTS.—The table of contents of
8 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—ECONOMIC DEVELOPMENT AND COMMUNITY
ENHANCEMENT
2
JAC13652 DISCUSSION DRAFT S.L.C.
Sec. 101. Definition of geothermal resources.
Sec. 102. Development of geothermal resources on public land in Nevada.
Sec. 103. Land conveyances.
Sec. 104. Local land conveyances.
TITLE II—SAGEBRUSH-STEPPE LANDSCAPE CONSERVATION
Sec. 201. Additions to National Wilderness Preservation System.
Sec. 202. Administration.
Sec. 203. Wildlife management.
Sec. 204. Native American cultural and religious uses.
Sec. 205. Rehabilitation of sage-grouse habitat in wilderness areas.
Sec. 206. Conservation fees.
TITLE III—DISPOSITION OF PROCEEDS
Sec. 301. Disposition of proceeds.
1 SEC. 2. DEFINITIONS.
2 In this Act:
3 (1) SECRETARY.—The term ‘‘Secretary’’ means
4 the Secretary of the Interior.
5 (2) STATE.—The term ‘‘State’’ means the State
6 of Nevada.
7 TITLE I—ECONOMIC DEVELOP8
MENT AND COMMUNITY EN9
HANCEMENT
10 SEC. 101. DEFINITION OF GEOTHERMAL RESOURCES.
11 In this title, the term ‘‘geothermal resources’’ has the
12 meaning given the term in section 2 of the Geothermal
13 Steam Act of 1970 (30 U.S.C. 1001).
14 SEC. 102. DEVELOPMENT OF GEOTHERMAL RESOURCES ON
15 PUBLIC LAND IN NEVADA.
16 (a) GEOTHERMAL DEVELOPMENT SITES.—
17 (1) IN GENERAL.—Not later than 90 days after
18 the date of enactment of this Act, the Secretary
3
JAC13652 DISCUSSION DRAFT S.L.C.
1 shall select 1 site in each of the following counties
2 in the State for the development of geothermal re3
sources projects, taking into consideration the mul4
tiple resource values of the land:
5 (A) Churchill County.
6 (B) Elko County.
7 (C) Pershing County.
8 (2) SITE SELECTION.—In carrying out para9
graph (1), the Secretary shall select sites—
10 (A) for which there is likely to be a high
11 level of industry interest;
12 (B) that have a comparatively low value
13 for other resources; and
14 (C) on which geothermal resources are
15 likely to be developed for commercial and direct
16 use on the site.
17 (3) PROGRAMMATIC ENVIRONMENTAL IMPACT
18 STATEMENT.—
19 (A) IN GENERAL.—Not later than 1 year
20 after the date of enactment of this Act, the Sec21
retary shall complete a programmatic environ22
mental impact statement or similar analysis re23
quired under the National Environmental Pol24
icy Act of 1969 (42 U.S.C. 4321 et seq.) for
25 the 3 selected sites.
4
JAC13652 DISCUSSION DRAFT S.L.C.
1 (B) COMPLIANCE.—The programmatic en2
vironmental impact statement completed under
3 subparagraph (A) shall be considered sufficient
4 to comply with all requirements under that Act
5 for the development of geothermal resources on
6 the 3 selected sites.
7 (4) LEASE SALES.—On completion of the pro8
grammatic environmental impact statement under
9 paragraph (3), the Secretary shall offer the land for
10 competitive lease sales in accordance with section 4
11 of the Geothermal Steam Act of 1970 (30 U.S.C.
12 1003).
13 SEC. 103. LAND CONVEYANCES.
14 øClient note: This section reserved for directed land
15 conveyances at or above fair market value for development
16 purposes.¿
17 SEC. 104. LOCAL LAND CONVEYANCES.
18 øClient note: This section reserved for targeted land
19 conveyances—through R&PP or for fair market value—to
20 local governments in Nevada.¿
5
JAC13652 DISCUSSION DRAFT S.L.C.
1 TITLE II—SAGEBRUSH-STEPPE
2 LANDSCAPE CONSERVATION
3 SEC. 201. ADDITIONS TO NATIONAL WILDERNESS PRESER4
VATION SYSTEM.
5 (a) ADDITIONS.—In accordance with the Wilderness
6 Act (16 U.S.C. 1131 et seq.), the following parcels of Fed7
eral land are designated as wilderness and as components
8 of the National Wilderness Preservation System:
9 ø(1) Client note: This section reserved for the
10 resolution of current Wilderness Study Areas and
11 Inventoried Roadless Areas that overlap with sage12
grouse habitat as ‘‘Wilderness’’.¿
13 (b) BOUNDARY.—The boundary of any portion of a
14 wilderness area designated by subsection (a) that is bor15
dered by a road shall be 100 feet from the edge of the
16 road.
17 (c) MAP AND LEGAL DESCRIPTION.—
18 (1) IN GENERAL.—As soon as practicable after
19 the date of enactment of this Act, the Secretary
20 shall file a map and legal description of each wilder21
ness area designated by subsection (a).
22 (2) EFFECT.—Each map and legal description
23 prepared under paragraph (1) shall have the same
24 force and effect as if included in this Act, except
6
JAC13652 DISCUSSION DRAFT S.L.C.
1 that the Secretary may correct any clerical or typo2
graphical error in such a map or legal description.
3 (3) AVAILABILITY.—Each map and legal de4
scription prepared under paragraph (1) shall be on
5 file and available for public inspection in the appro6
priate offices of the Bureau of Land Management.
7 (d) WITHDRAWAL.—Subject to valid existing rights,
8 the wilderness areas designated by subsection (a) are with9
drawn from—
10 (1) all forms of entry, appropriation, and dis11
posal under the public land laws;
12 (2) location, entry, and patent under the mining
13 laws; and
14 (3) disposition under all laws relating to min15
eral and geothermal leasing or mineral materials.
16 SEC. 202. ADMINISTRATION.
17 (a) MANAGEMENT.—Subject to valid existing rights,
18 each area designated as wilderness by section 201(a) shall
19 be administered by the Secretary in accordance with the
20 Wilderness Act (16 U.S.C. 1131 et seq.), except that—
21 (1) any reference in that Act to the effective
22 date shall be considered to be a reference to the date
23 of enactment of this Act; and
7
JAC13652 DISCUSSION DRAFT S.L.C.
1 (2) any reference in that Act to the Secretary
2 of Agriculture shall be considered to be a reference
3 to the Secretary.
4 (b) LIVESTOCK.—Any grazing of livestock in a wil5
derness area designated by section 201(a) that commenced
6 before the date of enactment of this Act shall be allowed
7 to continue, subject to such reasonable regulations, poli8
cies, and practices as the Secretary considers to be nec9
essary in accordance with—
10 (1) section 4(d)(4) of the Wilderness Act (16
11 U.S.C. 1133(d)(4)); and
12 (2) the guidelines set forth in Appendix A of
13 the report of the Committee on Interior and Insular
14 Affairs of the House of Representatives accom15
panying H.R. 2570 of the 101st Congress (House
16 Report 101–405).
17 (c) INCORPORATION OF ACQUIRED LAND AND INTER18
ESTS.—Any land or interest in land within the boundaries
19 of a wilderness area designated by section 201(a) that is
20 acquired by the United States after the date of enactment
21 of this Act shall be added to, and administered as part
22 of, the wilderness (as defined in section 2 of the Wilder23
ness Act (16 U.S.C. 1131)).
24 (d) ADJACENT MANAGEMENT.—
8
JAC13652 DISCUSSION DRAFT S.L.C.
1 (1) SENSE OF CONGRESS REGARDING EFFECT
2 OF DESIGNATION.—It is the sense of Congress that
3 the designation of a wilderness area by section
4 201(a) should not establish any protective perimeter
5 or buffer zone around the wilderness area.
6 (2) NONWILDERNESS ACTIVITIES.—The fact
7 that nonwilderness activities or uses can be seen or
8 heard from areas within a wilderness area des9
ignated by section 201(a) shall not preclude the con10
duct of those activities or uses outside the boundary
11 of the wilderness area.
12 (e) MILITARY OVERFLIGHTS.—Nothing in this Act
13 restricts or precludes—
14 (1) low-level overflights of military aircraft over
15 any wilderness area designated by section 201(a), in16
cluding military overflights that can be seen or
17 heard within the wilderness area;
18 (2) flight testing and evaluation; or
19 (3) the designation or establishment of a new
20 unit of special use airspace, or the establishment of
21 a military flight training route, over the wilderness
22 area.
23 (f) WILDFIRE, INSECT, AND DISEASE MANAGE24
MENT.—In accordance with section 4(d)(1) of the Wilder25
ness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry
9
JAC13652 DISCUSSION DRAFT S.L.C.
1 out such measures in a wilderness area designated by sec2
tion 201(a) as are necessary for the control of fire, insects,
3 and diseases (including, as the Secretary determines to be
4 appropriate, the coordination of the activities with a State
5 or local agency).
6 (g) CLIMATOLOGICAL DATA COLLECTION.—In ac7
cordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
8 and subject to such terms and conditions as the Secretary
9 may prescribe, the Secretary may authorize the installa10
tion and maintenance of hydrologic, meteorologic, or cli11
matological collection devices in a wilderness area des12
ignated by section 201(a) if the Secretary determines that
13 the facilities and access to the facilities are essential to
14 flood warning, flood control, or water reservoir operation
15 activities.
16 (h) WATER RIGHTS.—
17 (1) FINDINGS.—Congress finds that the land
18 designated as wilderness by section 201(a)—
19 (A) is located—
20 (i) in the semiarid region of the Great
21 Basin; and
22 (ii) at the headwaters of the streams
23 and rivers on land with respect to which
24 there exist few, if any—
10
JAC13652 DISCUSSION DRAFT S.L.C.
1 (I) actual or proposed water re2
source facilities located upstream; or
3 (II) opportunities for diversion,
4 storage, or other uses of water occur5
ring outside the land that would ad6
versely affect the wilderness values of
7 the land;
8 (B) is generally not suitable for use or de9
velopment of new water resource facilities; and
10 (C) possesses a unique nature such that it
11 is possible to provide for proper management
12 and protection of the wilderness and other val13
ues of land by means different from the means
14 used in other laws.
15 (2) PURPOSE.—The purpose of this subsection
16 is to protect the wilderness values of the land des17
ignated as wilderness by section 201(a) by means
18 other than a federally reserved water right.
19 (3) STATUTORY CONSTRUCTION.—Nothing in
20 this Act—
21 (A) constitutes an express or implied res22
ervation by the United States of any water or
23 water rights with respect to a wilderness area
24 designated by section 201(a);
11
JAC13652 DISCUSSION DRAFT S.L.C.
1 (B) affects any water rights in the State
2 (including any water rights held by the United
3 States) in existence on the date of enactment of
4 this Act;
5 (C) establishes a precedent with regard to
6 any future wilderness designation;
7 (D) affects the interpretation of, or any
8 designation made under, any other Act; or
9 (E) limits, alters, modifies, or amends any
10 interstate compact or equitable apportionment
11 decree that apportions water among and be12
tween the State and any other State.
13 (4) NEVADA WATER LAW.—The Secretary shall
14 follow the procedural and substantive requirements
15 of the law of the State in order to obtain and hold
16 any water rights not in existence on the date of en17
actment of this Act with respect to a wilderness area
18 designated by section 201(a).
19 (5) NEW PROJECTS.—
20 (A) DEFINITION OF WATER RESOURCE FA21
CILITY.—
22 (i) IN GENERAL.—In this paragraph,
23 the term ‘‘water resource facility’’ means—
24 (I) an irrigation and pumping fa25
cility;
12
JAC13652 DISCUSSION DRAFT S.L.C.
1 (II) a reservoir;
2 (III) a water conservation works;
3 (IV) an aqueduct;
4 (V) a canal;
5 (VI) a ditch;
6 (VII) a pipeline;
7 (VIII) a well;
8 (IX) a hydropower project;
9 (X) a transmission or other ancil10
lary facility; and
11 (XI) any other water diversion,
12 storage, and carriage structure.
13 (ii) EXCLUSION.—The term ‘‘water
14 resource facility’’ does not include a wild15
life guzzler.
16 (B) RESTRICTION ON NEW WATER RE17
SOURCE FACILITIES.—Except as otherwise pro18
vided in this Act, on and after the date of en19
actment of this Act, neither the President nor
20 any other officer, employee, or agent of the
21 United States shall fund, assist, authorize, or
22 issue a license or permit for the development of
23 any new water resource facility within any wil24
derness areas designated by this Act.
13
JAC13652 DISCUSSION DRAFT S.L.C.
1 SEC. 203. WILDLIFE MANAGEMENT.
2 (a) IN GENERAL.—In accordance with section
3 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
4 nothing in this Act affects or diminishes the jurisdiction
5 of the State with respect to fish and wildlife management,
6 including the regulation of hunting, fishing, and trapping,
7 in a wilderness area designated by section 201(a).
8 (b) MANAGEMENT ACTIVITIES.—In support of the
9 purposes and principles of the Wilderness Act (16 U.S.C.
10 1131 et seq.), the Secretary may conduct any management
11 activity in a wilderness area designated by section 201(a)
12 that is necessary to maintain or restore fish and wildlife
13 populations and the habitats to support those populations,
14 if the activity is carried out—
15 (1) consistent with relevant wilderness manage16
ment plans; and
17 (2) in accordance with—
18 (A) the Wilderness Act (16 U.S.C. 1131 et
19 seq.); and
20 (B) appropriate policies, such as those set
21 forth in Appendix B of the report of the Com22
mittee on Interior and Insular Affairs of the
23 House of Representatives accompanying H.R.
24 2570 of the 101st Congress (House Report
25 101–405), including the occasional and tem26
porary use of motorized vehicles if the use, as
14
JAC13652 DISCUSSION DRAFT S.L.C.
1 determined by the Secretary, would promote
2 healthy, viable, and more naturally distributed
3 wildlife populations that would enhance wilder4
ness values with the minimal impact necessary
5 to reasonably accomplish those tasks.
6 (c) EXISTING ACTIVITIES.—Consistent with section
7 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
8 in accordance with appropriate policies, such as those set
9 forth in Appendix B of the Committee on Interior and In10
sular Affairs of the House of Representatives accom11
panying H.R. 2570 of the 101st Congress (House Report
12 101–405), the State may continue to use aircraft, includ13
ing helicopters, to survey, capture, transplant, monitor,
14 and provide water for wildlife populations, specifically
15 sage-grouse, in any wilderness area designated by section
16 201(a).
17 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.—
18 Subject to subsection (f), the Secretary shall authorize
19 structures and facilities, including existing structures and
20 facilities, for wildlife water development projects, including
21 guzzlers, in the wilderness areas designated by section
22 201(a) if—
23 (1) the structures and facilities will, as deter24
mined by the Secretary, enhance wilderness values
15
JAC13652 DISCUSSION DRAFT S.L.C.
1 by promoting healthy, viable, and more naturally
2 distributed wildlife populations; and
3 (2) the visual impacts of the structures and fa4
cilities on the wilderness areas can reasonably be
5 minimized.
6 (e) HUNTING, FISHING, AND TRAPPING.—
7 (1) IN GENERAL.—The Secretary may des8
ignate areas in which, and establish periods during
9 which, for reasons of public safety, administration,
10 or compliance with applicable laws, no hunting, fish11
ing, or trapping will be permitted in the wilderness
12 areas designated by section 201(a).
13 (2) CONSULTATION.—Except in an emergency
14 situation, before taking any action under paragraph
15 (1), the Secretary shall—
16 (A) consult with the appropriate agency of
17 the State; and
18 (B) notify the public.
19 (f) COOPERATIVE AGREEMENT.—
20 (1) IN GENERAL.—The State, including a des21
ignee of the State, may conduct wildlife management
22 activities in the wilderness areas designated by sec23
tion 201(a)—
24 (A) in accordance with the terms and con25
ditions specified in the cooperative agreement
16
JAC13652 DISCUSSION DRAFT S.L.C.
1 between the Secretary and the State entitled
2 ‘‘Memorandum of Understanding between the
3 Bureau of Land Management and the Nevada
4 Department of Wildlife Supplement No. 9’’, and
5 signed November and December 2003, includ6
ing any amendments to the cooperative agree7
ment agreed to by the Secretary and the State;
8 and
9 (B) subject to all applicable laws (including
10 regulations).
11 (2) REFERENCES TO CLARK COUNTY.—For the
12 purposes of this subsection, any references to Clark
13 County in the cooperative agreement described in
14 paragraph (1)(A) shall be considered to be a ref15
erence to the applicable wilderness.
16 SEC. 204. NATIVE AMERICAN CULTURAL AND RELIGIOUS
17 USES.
18 Nothing in this Act alters or diminishes the treaty
19 rights of any Indian tribe (as defined in section 4 of the
20 Indian Self-Determination and Education Assistance Act
21 (25 U.S.C. 450b)).
22 SEC. 205. REHABILITATION OF SAGE-GROUSE HABITAT IN
23 WILDERNESS AREAS.
24 (a) DESIGNATION OF POTENTIAL WILDERNESS.—
17
JAC13652 DISCUSSION DRAFT S.L.C.
1 (1) IN GENERAL.—In support of the purposes
2 of the Wilderness Act (16 U.S.C. 1131 et seq.), the
3 following land in the State is designated as potential
4 wilderness:
5 (A) øClient note: This section reserved for
6 the resolution of current Wilderness Study Areas
7 and Inventoried Roadless Areas that overlap
8 with sage-grouse habitat, but also require habitat
9 restoration as ‘‘Potential Wilderness’’.¿
10 (2) INTERIM MANAGEMENT.—Except as pro11
vided in paragraph (3) and subject to valid existing
12 rights, the Secretary shall manage the potential wil13
derness areas designated by paragraph (1) in ac14
cordance with the Wilderness Act (16 U.S.C. 1131
15 et seq.).
16 (3) ECOLOGICAL RESTORATION.—For purposes
17 of ecological restoration (including the restoration
18 and improvement of sage-grouse habitat, elimination
19 of nonnative species, wildfire presuppression, and
20 any other activity necessary to restore the natural
21 ecosystems in the potential wilderness area), the
22 Secretary may use motorized equipment and mecha23
nized transport in the potential wilderness areas
24 until the date on which the potential wilderness
18
JAC13652 DISCUSSION DRAFT S.L.C.
1 areas are incorporated into the National Wilderness
2 Preservation System.
3 (b) DESIGNATION OF WILDERNESS.—Each potential
4 wilderness area designated under subsection (a)(1) shall
5 be designated as wilderness, and as a component of the
6 National Wilderness Preservation System, on the earlier
7 of—
8 (1) the date on which the Secretary publishes in
9 the Federal Register a notice that sufficient restora10
tion of sage-grouse habitat has been completed; or
11 (2) the date that is 10 years after the date of
12 enactment of this Act.
13 SEC. 206. CONSERVATION FEES.
14 (a) IN GENERAL.—The Secretary shall assess con15
servation fees for development on the land identified on
the maps entitled ø
llllllll
16 ¿, and dated
ø
lllll
17 ¿, as ‘‘Priority Sage-Grouse Habitat’’ and
18 ‘‘General Sage-Grouse Habitat’’ in an amount equal to—
19 (1) $750 per acre developed of Priority Sage-
20 Grouse Habitat; and
21 (2) $500 per acre developed of General Sage-
22 Grouse Habitat.
23 (b) EXCEPTION.—The conservation fee shall be
24 issued to all development, with the exception of valid exist19
JAC13652 DISCUSSION DRAFT S.L.C.
1 ing rights, including any future upgrades to those existing
2 rights, on the date of enactment of this Act.
3 (c) DISPOSITION OF PROCEEDS.—The amounts col4
lected under this section shall be disposed of in accordance
5 with section 301(c).
6 TITLE III—DISPOSITION OF
7 PROCEEDS
8 SEC. 301. DISPOSITION OF PROCEEDS.
9 (a) ESTABLISHMENT OF SPECIAL ACCOUNT.—There
10 is established in the Treasury of the United States an ac11
count (referred to in this section as the ‘‘special account’’),
12 to be available without fiscal year limitation and not sub13
ject to appropriation, for use in accordance with this sec14
tion.
15 (b) PROCEEDS FROM LAND SALES AND CONSERVA16
TION FEES.—With the exception of lease sales conducted
17 under section 102, of the gross proceeds from sales of land
18 conducted, and conservation fees assessed, under this Act
19 for each fiscal year—
20 (1) 15 percent shall be paid directly to the
21 State for use in the sagebrush ecosystem mitigation
22 plan of the State; and
23 (2) the remainder shall be deposited in the spe24
cial account.
25 (c) AVAILABILITY OF SPECIAL ACCOUNT.—
20
JAC13652 DISCUSSION DRAFT S.L.C.
1 (1) IN GENERAL.—Amounts deposited in the
2 special account may be used by the Secretary for—
3 (A) ecological restoration of sage-grouse
4 habitat within the State, including the removal
5 and control of invasive and nonnative species,
6 removal and control of Pinyon-Juniper, and
7 sagebrush restoration and reclamation;
8 (B) fire presuppression efforts in sage9
grouse habitat within the State;
10 (C) implementation of currently accepted
11 proper grazing practices and livestock manage12
ment;
13 (D) science-based sage-grouse predator
14 control; and
15 (E) pilot projects determining best prac16
tices in the categories described in subpara17
graphs (A) through (D).
18 (2) PROCEDURES.—The Secretary shall coordi19
nate the use of the special account with the Sec20
retary of Agriculture, the State (through the Nevada
21 Sagebrush Ecosystem Council), local governments,
22 and other interested individuals and entities to en23
sure accountability and demonstrated results .
24 (3) LIMITATION.—Not more than $25,000,000
25 of the amounts made available to the Secretary from
21
JAC13652 DISCUSSION DRAFT S.L.C.
1 the special account may be used in any fiscal year,
2 except for emergency projects carried out under
3 paragraph (1).
4 (4) INVESTMENT OF SPECIAL ACCOUNT.—
5 (A) IN GENERAL.—All amounts deposited
6 as principal in the special account shall earn in7
terest in the amount determined by the Sec8
retary of the Treasury on the basis of the cur9
rent average market yield on outstanding mar10
ketable obligations of the United States of com11
parable maturities.
12 (B) TREATMENT OF INTEREST.—The in13
terest shall be—
14 (i) added to the principal of the spe15
cial account; and
16 (ii) expended in accordance with para17
graph (1).
18 (d) ANNUAL REPORTS.—
19 (1) IN GENERAL.—Not later than 60 days after
20 the end of each fiscal year beginning with fiscal year
21 2014, the Secretary shall submit to the Committee
22 on Appropriations of the House of Representatives,
23 the Committee on Appropriations of the Senate, and
24 the appropriate authorizing committees a report on
22
JAC13652 DISCUSSION DRAFT S.L.C.
1 the operation of the special account during the fiscal
2 year.
3 (2) CONTENTS.—Each report shall include, for
4 the fiscal year covered by the report, the following:
5 (A) A statement of the amounts deposited
6 into the special account.
7 (B) A description of the expenditures made
8 from the special account for the fiscal year, in9
cluding the purpose of the expenditures.
10 (C) Recommendations for additional au11
thorities to fulfill the purpose of the special ac12
count.
13 (D) A statement of the balance remaining
14 in the special account at the end of the fiscal
15 year.

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